knife. there's a knife right now outside of the doorway so the police are protecting that. for a while they were able to follow the intruders by following an iphone that was taken from the people that live in the house. that iphone was then turned off so police have lost the trail of the intruders. a group of around five people came in with guns and at least one knife. nobody was injured. on 40th avenue in the richmond district, anne makovec, cbs 5. a petaluma woman who attended a dance music festival in south lake tahoe never made it home. deputies are still searching for 19-year-old elissa burn. she was staying at the horizon casino for a music festival. according to police her cell phone was last used around midnight on new year's eve. authorities say there are no

signs of foul pla back to court tomorrow for member charged with murder and robbery in monte sereno. ravi kumra was killed. prosecutors plan to seek the death penalty or life without parole. they are not releasing details about the investigation. the city of oakland plans to issue special identification cards for people without legal immigration status. yesterday, mayor jean quan showed off an example of the card which is also designed to function as a debit card. the city expects to issue 6,000 of the cards. a clue of a case of a dog killing in a san francisco robbery. the man seen running away in this grainy surveillance video last friday just mugged a woman and threw her dog into oncoming traffic. the owner says she treated her dog like a child. >> seeing everything in my head again and wanting to break everything and screaming at the top of my lungs because i miss

her and i'm angry. >> there is currently a $3,000 reward for any information that might lead to an arrest. the city of san mateo has evicted a family from its home after years of complaints from neighbors. the reason? lots of construction materials and debris inside and outside the home on lindbergh street. mark cliner was issued a construction permit for the home in 2001 and it's still a work in progress. his general contractor says he works on his own home after he finishes a full day on the job. clyber says he has been slowed by lack of money for building materials. >> the city wants it done but i think my wife wants it done even more. >> the city says the family can no longer live in the home because of code violations and unsafe conditions. placer county teenager facing flown facing felony

charges. she spiked milkshakes with sleeping pills. the mother noticed the shakes tasted odd. >> only a quarter of the milk. but after an hour they feel drowsy and fall asleep. >> mother says it's happened once before. so she checked the daughter's internet and phone use. authorities think the girl drugged her parents to get around restrictions that they had put on her while using the internet. a state of emergency could be declared tonight because of flooding on the peninsula. san fransesquito creek tops the levee in palo alto last month and flooded a neighborhood east of highway 101. heavy rain caused it to rise to its third highest water flows since 1930 meaning flooding for some streets and homes. an emergency proclamation would help secure funding for immediate levee and bridge repairs. hopefully before the next storm

hits. >> we're concerned about the entire rainy season which, you know, we have two or three months left. >> the city council votes tonight on the proclamation of local emergency. city officials in the state say if the state comes through with the funds, the repairs will be done right away. 4:35. now what it means when lawrence wears the mock turtleneck. >> are we getting explain it. >> it's cold! [ laughter ] >> it's cold out there. it is chilly again, of course, we have had a lot of frost, again today we are going to see widespread frost around the bay area. the temperatures it's chilly out there. 28 degrees right now in santa rosa. 32 and freezing in napa. 32 in livermore. 30 in concord. 29 degrees in fairfield. so you get the idea we are working on another cold start to the day. [ high pressure giving way a little bit. this system encroaching toward the bay area a few high clouds drifting on overhead. otherwise, we're going to be staying dry for today and

tomorrow. but things could change as we look toward the weekend. temperatures this afternoon after we thaw out about 58 degrees in san jose. 57 in santa clara. and 58 degrees in morgan hill. east bay temperatures probably a little bit cooler at about 55 degrees in walnut creek. 53 in livermore and sunny and 53 degrees in antioch. toward the central bay, 56 in san francisco and 58 degrees expected in oakland. that's a look at weather. let's check traffic with gianna. >> thank you. good morning. here's a live look at at the bay bridge toll plaza. traffic light so far. not a lot to report as far as accidents go. we have roadwork to report as you work your way past the incline near the center anchorage. one lane shut down until 5:00. not seeing any delays though as caltrans works hard there. on the lower deck of the bay bridge no troubles. 880 both directions no delays. there was some roadwork reported near embarcadero. so heads up you might see see some slight spectator slowing there. 101 so far not showing any problems. we had some early-morning

roadwork scheduled but doesn't look like it's a problem. it's already cleared. good both directions of 101 through marin county and across the golden gate bridge. eastbound 4 at loveridge a full freeway closure is in effect a noncommute direction. they are hoping to wrap it up by 5:30. some slight delays also on that westbound side. that's a look at your morning drive. back to you. >> i'm sending you a cup of tea. >> thank you. al-jazeera is launching a new u.s. channel with al gore's "current tv." the pan arab newschannel announced it will buy the san francisco station. "new york times" reports the deal could be as much as $500 million. al-jazeera says it will rebrand "current tv" in a new channel al-jazeera america. meanwhile, time warner cable incorporated announced it's dropping "current tv" as a result of that big deal. "current tv" will be part of five new u.s. bureaus operated by al-jazeera.

according to the times, some staff members may be able to stay but some shows may be dissolved by springtime including the war room with former michigan governor january i have granholm and the gavin newsom show hosted by california's lieutenant governor. secretary of state hillary clinton is recovering at home this morning after doctors released her from a new york hospital yesterday. former president clinton and her daughter chelsea were by her side. doctors have been treating the clot with blood thinners. they say the secretary is responding well to treatment and even while she was in the hospital, she was on the phone and talking with her staff. today begins a new era on capitol hill as 113th congress will be sworn in in just a couple of hours. as tara mergener reports, congress will have new faces tackling some of the old problems. reporter: there will be fresh faces and new challenges when the 113th congress is sworn in today on capitol hill. >> it's a privilege.

and you realize that the hard part is still what lies ahead. >> reporter: the new term will begin almost immediately with several issues left over from the last session including a bill to provide financial relief for victims of superstorm sandy. deep spending cuts known as sequestration, tabled during the "fiscal cliff" talks this week, and a bill to increase the nation's debt limit. but it won't take much for them to surpass the previous group in terms of legislative success. >> they tell me this is the least productive congress in the history of the nation. if it's not, i would hate to be in the one that was. >> reporter: the 113th congress will be the most diverse group of representatives, especially in the democratic house caucus where white males will be in the minority for the first time ever. >> together the diversity of our caucus celebrates the strength of our nation. >> reporter: overall, there will be nearly 100 women and 33 hispanics all eager to tackle

the challenges ahead. >> we all have ideas. our districts have sent us. and where are the bathrooms? >> reporter: he's not new but illinois senator mark kirk is making a come back after nearly a year of rehabbing from a stroke. >> i don't ask for any sympathy. >> reporter: he says his biggest challenge today will be climbing the steps of the capital building without tripping. tara mergener for cbs news, washington. wall street certainly had a positive reaction to the 112th congress. approval of the new fiscal deal. the dow gained more than 308 points yesterday, the biggest one-day gain in six months. nasdaq up 93, a gain of more than 3%. the s&p 500 also went up sharply. a little weight watchers new year's resolution to start off the new year. >> for you? >> no. that's who was ringing the opening bell. >> i just kept hearing the bell time now 4:40. emotions running high. what students and teachers from sandy hook elementary can expect for their first day back to school. >> plus, big brother on the bus?

how muni plans to kept a close eye on all of its riders in the new year. >> but first, dirty politics. what one politician is accused of doing and it is all caught on camera. owing up, we didn't have u-verse. we couldn't record four shows at the same time. in my day, you were lucky if you record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that's all we watched. and we liked it! today's kids got it so good. [ male announcer ] get u-verse tv with a total home dvr included free for life. only $29 a month for six months.

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candidate from albuquerque accused of playing dirty politics. police say he's been caughtn camera slashing his politic hard to believe here but a former congressional candidate from albuquerque, new mexico, is accused of playing dirty politics. police say he has been caught on camera slashing his political rival's tires. gary smith arrested on friday. now he is also accused of doing the same to his former campaign manager, 54 too many in six months. and allegedly punctured his power steering fluid, as well. smith is charged with felony vandalism and could face other charges. probably not running for office anytime soon. >> politics getting nasty. it is proof there is a camera everywhere. >> amazing. >> no doubt. >> weather-wise i guess we're not seeing rain but a lot of cold. >> we're in the deep freeze around the bay area again today starting out with a lot of frost this morning.

if you are heading up and out today, got to grab your jacket. it's going to be cold. freezing right now in livermore at 32 degrees. 30 in concord. 29 in fairfield. and 28 degrees the cold spot right now in santa rosa. today more sunshine, a great day a couple of passing high clouds. seasonal temperatures by the afternoon. but some changes are expected as we head in toward the weekend. and maybe a couple of raindrops too. high pressure holding on sending the energy from the storm system further north. they will catch showers in far northern california but we'll stay dry just a few clouds moving across our skies. so if you plan on traveling headed to the north you may see a couple of raindrops there. into the central valley dry, sunshine, temperatures in the 50s and 40s up into the high country. i think as we look out around the bay this afternoon, not bad. 58 degrees in san jose and sunshine. 56 in fremont. and 57 degrees in san mateo. east bay temperatures running up into the 50s in most spots a

little cool over the mountaintops there, probably still night 40s. as you head inside the bay you will find about 58 degrees and sunny in oakland, 56 in san francisco, and 56 degrees in santa rosa. next couple of days, no major changes although as we get into saturday we'll see a few more clouds and then by sunday there is a chance of some showers returning to dry weather probably a logical warmer next week. let's check the roads with gianna. >> all right, lawrence. thank you very much. let's head towards the bay bridge area. we have some construction to report as you work your way just near the center anchorage. one lane is blocked. they hope to wrap it up in the next 45 minutes. not causing too many delays there this morning. across the dumbarton bridge, just a heads up eastbound into newark. we have reports of construction there. should be wrapped up by 5:30. eight a looking good no delays in both directions, traffic very quiet. earlier roadwork not too much of a factor. also marin county looking good 101 in both directions not showing any trouble spots. if you are commuting across the richmond/san rafael bridge over to 101 traffic is light this

morning. we have reports of a wrong-way driver near the toll plaza at the golden gate bridge. but looks like it didn't turn out to be much. we'll keep an eye on that in case it is. eastbound 4 at love rim full freeway closure for at least another hour. we are seeing some yellow there on our sensors eastbound 4 at loveridge. they have detours in place to get around there. slight delays westbound but good off the antioch bridge this morning. mass transit right on time, bart, ace, muni, caltrain and ferries. no delays to report this morning. south bay checking in problem- free. let's get a live look at conditions near 101 and tully. our photographer standing by. not a lot to report in the south bay. so good news there. >> thank you. it is back to class today for students of sandy hook elementary school in connecticut. it comes 20 days after a gunman's deadly rampage at their campus in newtown. for now, classes are set up in the town of monroe, six miles away. it is a middle school that

closed two years ago. many parents say they are still trying to figure out how to handle the delicate situation. >> there's no real playbook for this. i don't think any of us really have a playbook. so we're just kind of sensing our child and trying to meet the needs that we can. >> staff is doing all it can to make students feel at home bringing desks and other items from the old school. the new school is even renamed sandy hook elementary school. meanwhile the site of another mass shooting is set to re-opening in a couple of weeks. 12 people were killed in july at a movie theater in colorado. the theater invited victims' families to attend a special night. relatives plan to boycott the re-opening. 4:47. google refuses to comment on a report that a top executive is going to north korea. google executive chairman is reported to be planning to go

on a private humanitarian mission with former new mexico governor bill richardson this month. a group of north korean officials visited google in 2011. the "wall street journal" reports that google is having trouble coming to agreement over licensing content. according to the paper, that could delay the launch of its tv service to later this year. end year. intel is developing a set-top box for tv service. a judge refused to over turn the ban of shark fins. the state's ban took effect a year ago. california shark fin supermarket was once the largest outside of asia. 4:48. get ready for a close-up. san francisco's muni is expanding its surveillance technology. cbs 5 reporter mike sugerman on

what that means for passengers. reporter: muni isn't usually the stuff of hollywood. until it is. all 800 or so muni buses and several hundred trains are waiting to be changed so you can have your close-up. or to help police figure who might have been at fault in this 2009 crash. or maybe to finger a pickpocket. cameras and microphones have been in place for over a decade, but change is coming. they record in the camera and erase themselves every 48 hours but soon, they will be transmitted back to muni or police in realtime. that has privacy advocates very upset. >> all of the people who are getting on to public transit systems in san francisco are dealing with a virtual cop over their shoulders. >> reporter: the electronics frontier foundation says authorities shouldn't be able to know what you're doing at all times. >> so it creates this situation

where we are unable to have conversations free from surveillance unable to go around the city with anonymity. >> it's public information. >> reporter: paul rose who speaks for muni says right now if a request comes in for the video, it has to be copied on to a dvd and takes time and a team to do it. it will save money. that's why the homeland security agency is giving muni $5.5 million to get it done. it's all legal and commonplace, he says. >> our audio and video surveillance does not have the capability to listen in on specific conversations. the surveillance system as it is right now and the new system only picks up footage and audio generally. >> reporter: riders seem to be split on the issue. >> well, just be able to have footprints and able to utilize the information perhaps without disclosing how they use it. >> actually, i approve of them because i have been a muni

rider for over 4 years and i witnessed just about anything and everything you can witness on these buses. >> reporter: the new transmission system will start being installed over the next several months. mike sugerman, cbs 5. it will cost you more cash for trash in san francisco. city residents are too good at recycling. trash hauler recology says that all the sorting of recycled material costs more than current fees cover. it's now asking for a rate hike along with added fees for recycling and compost bins but some customers say the proposal doesn't pass the smell test. >> for normal garbage i wouldn't mind paying more but for recycling where they're making money off our junk anyways, i don't think that's fair. >> they can actually sell that it the composting and the recycled materials. those go to market. they find places to sell it. so they have income from there, too. >> if approved, that rate increase will take effect in july. time now 4:51. say good-bye to the dollar

menu. the latest chan to dump its cheap eats. >> plus, rude awakening. how starbucks plans to save the world a coffee cup at a time. >> i love this next story. feeling sleepy at work? a power nap pillow that promises to help you sleep anywhere. >> we need one.

another frosty start to the day. temperatures again down in the 20s and freezing in livermore. we'll talk about that coming up. >> and they are doing the lane changes across the golden gate bridge right now. no delays to report though as you work your way out of marin county and the bay bridge and san mateo bridge off to a good start. traffic and weather together every 10 minutes.

>> thank you. 4:54. welcome back. starbucks wants to help customers kick their disposable habit with new cups. the coffee chain starts selling reusable cups today. it's going to cost you a buck for the cup. customers will get a dime discount every time they use the cup for a refill. you can already get this discount if you bring your own cup. starbucks will fill that, as well. say good-bye to wendy's 99- cent value menie. it's replaced with fast food items from 99 cents to $1.99. mcdonald did something similar last year. return to sender. today's expected to be the busiest day for holiday returns. who knew? u.p.s. calls it national returns day. the carrier says it will ship more than a half million unwanted gifts back to the retailers. by the end of the week, u.p.s. statements it will -- estimates it will have transported 2 million returns back to the stores for what you didn't like. a new pillow is offering a chance to snooze on the go but you have to be willing to put

it on and it's not very attractive. >> no. you have to be willing to be embarrassed in public. it's called the ostrich pillow. the company based in spain created a pillow four holes one for the head, mouth and two for the hands. it's targeting people who don't have team to sleepy guess in a bed. it runs for about $100. can we see the video of someone wearing it? >> yeah. >> i guess they are supposed to be like an ostrich burying its head in the sand? >> i guess. >> you can't hide from management wearing that thing, huh? >> imagine being on a bart train wearing that? >> probably lose your ipad and everything else you got. 4:56. hillary clinton leaves a new york hospital. how doctors characterize her recovery. also ahead -- >> i miss her and i'm angry. >> her dog killed during a will be bring. now video that may help catch

the man responsible for her dog killed during a robbery. >> police trying to find a group of men who made their way into a home in san francisco stealing several items. ,,,,,,,,,,,,

plus: it's the bay area neighborhood hit with major flooding over and over. pluses are on the scene of a home in-- police are on the scene of a home invasion robbery in san francisco. some evidence was left behind. we'll tell you about it. >> it's the bay area neighborhood hit with the major flooding over and over again. the move boy city leaders to prevent future disasters there. it is dry but another freezing start to the day around the bay area. when might we warm things up? we'll talk about that coming up. >> and caltrans back at work and they are busy. i'll have your hot spots in a minute. good morning, it's thursday, january 3. i'm elizabeth wenger. >> i'm frank mallicoat. nearly 5:00 now. an update tonight breaking news

here in san francisco. armed suspects breaking know a home in the richmond district. and that's where we go to cbs 5 reporter anne makovec with more on the evidence that investigators were tracking. good morning, anne. >> reporter: good morning. a couple of pieces of evidence that we know about right now. there's a knife in the planter box here at the home behind me. this is 40th avenue in the richmond district in san francisco. so police are standing guard of that piece of evidence right now as crime scene investigators make their way to the scene. at 3 a.m., a group of people came to this home with guns and a knife and they stole several items including electronics. a group of young adults was in the home at the time. nobody was injured. shortly after the robbery, police were able to track an iphone that was stolen. so they were on the trail of the robbers but then the robbers turned the phone off so police have not been able to track them down. they are still collecting evidence at the